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Worker’s Double Back Trouble Compensated

Unite the union is warning employers to make sure their manual handling procedures are safe after a member was forced to give up work after suffering two serious back injuries.

Sean Wilson, 43, who now lives in Wrexham, suffers severe pain as a result of the injuries sustained while working for Sealed Air Limited based in Royston, Hertfordshire. He has received a five figure sum in compensation.

Sealed Air Limited makes packaging for a number of different industries and Sean worked for the company for 16 years.
He first injured his back in 2004 while he was helping to fix a machine with a colleague. As he was lifting a heavy object he slipped on the oily floor. He said he immediately felt intense pain in his back.

Sealed Air Limited denied liability for this accident.

He suffered a soft tissue injury which was aggravated when he lifted a 25k bag from above head height in February 2005. The company admitted liability for this injury and agreed to settle on both accidents.

Sean suffered a third injury to his back in June 2005 which resulted in him having to leave his job. No claim was made for this injury. A medical consultant found Sean suffered from degenerative changes in his spine which were aggravated by the accidents. He said Sean would have been able to work for a further two and a half years if he had not been injured.

Under the Manual Handling Operations Regulations 1992 employers must make sure any hazardous manual handling operations are avoided by redesigning the task, providing mechanical assistance or where the task can’t be avoid by undertaking a risk assessment.

Sean said: “This accident has had a massive affect on my life. I can’t walk, stand up or sit down for too long otherwise I am in agony. I used to be a keen golfer but I don’t dare pick up a golf club now for fear of what could happen. I am now effectively housebound and my quality of life has gone downhill since developing back pain. Had it not been for both accidents I would have stayed in work as long as my back would have allowed me to. Prior to developing back pain I had always planned on working up to retirement age.”

Nearly a third of all workplace accidents reported to the Health and Safety Executive (HSE) involve manual handling

Andy Frampton from Unite added: “Unfortunately, nearly a third of all workplace accidents reported to the Health and Safety Executive (HSE) involve manual handling. Manual handling injuries can result in a number of different conditions which can, like in Mr Wilson’s case, have the potential to leave someone permanently disabled and out of work."


Helen Templeton from Thompsons Solicitors said: “Both accidents highlight the importance for employers to take steps to ensure their employees don’t suffer injury whilst carrying out manual handling activities. The employer’s failure to take reasonable steps in this case meant that the client’s employment was terminated on ill health grounds 2½ years earlier than would otherwise have been necessary.”

Source: Thompsons



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